TITLE 15

Elections

Special, Municipal and Other Elections

CHAPTER 73. VACANCY IN OFFICE OF REPRESENTATIVE IN CONGRESS, UNITED STATES SENATOR OR PRESIDENTIAL ELECTOR

Subchapter III. Electors of President and Vice-President


If upon examining the certificates of the boards of canvass it shall appear to the Governor that there has been a failure to choose 1 or more of the electors of a President and Vice-President of the United States to be appointed in this State or, if from any cause such electors shall fail to be chosen, the Governor shall immediately issue writs for convening the General Assembly, at Dover, on the fourth Monday of the same November, and the elector or electors to be appointed in this State for the election of a President and Vice-President of the United States and not chosen at the general election shall be appointed by ballot by the General Assembly so convened in joint meeting of the Senate and House of Representatives.

Code 1852, § 404; Code 1915, § 1861; Code 1935, § 1980; 15 Del. C. 1953, § 7331; 70 Del. Laws, c. 186, § 1.;

In the joint meeting provided for by § 7331 of this title there shall be a distinct balloting for each elector, and a majority of all the votes given shall be necessary to an appointment; but if upon any ballotings 2 persons only shall be voted for and each shall receive an equal number of votes, the President of the Senate shall give an additional casting vote; if upon twice balloting in succession more than 2 persons be voted for and 1 of such persons on each balloting receive one half the number of all the votes given, the President of the Senate may, on the second balloting, give an additional casting vote to the person having 1/2 of the number of all the votes given, or, if that person decline, the Speaker of the House of Representatives may, if the Speaker think proper, give an additional casting vote to the person having one half of such vote.

Code 1852, § 405; Code 1915, § 1862; Code 1935, § 1981; 15 Del. C. 1953, § 7332; 70 Del. Laws, c. 186, § 1.;

No member of the General Assembly for the time being shall be appointed an elector of President and Vice-President under § 7332 of this title.

Code 1852, § 406; Code 1915, § 1863; Code 1935, § 1982; 15 Del. C. 1953, § 7333.;

Certificates of appointment of electors by the General Assembly shall be duly made and signed by the President of the Senate and the Speaker of the House of Representatives and attested by the clerks of the houses respectively, and shall be transmitted by the President of the Senate as follows: one to the Governor, in order that lists may be made, certified and delivered, according to the Act of Congress in that behalf and 1 to each of the electors appointed.

Code 1852, § 407; Code 1915, § 1864; Code 1935, § 1983; 15 Del. C. 1953, § 7334.;